Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing such payment of advance..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 53, 7A, Indian Penal Code, 1860, Section 302 -- Claim of juvenility - Proof of date of birth - CW4, record keeper, had testified that revisionists date of birth was not entered by him - Revisionist failed to bring on record as to who had recorded his date of birth in the register - Held, a record keeper..........
Hindu Succession Act, 1956, Section 6 -- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
Registration Act, 1908, Section 34, 35 -- Sale deed - Registration - Sub Registrar can refuse to register sale deed when an order to maintain status quo regarding possession had been passed by the competent Court when there is clear recital in the sale deed that possession forming the subject matter of sale is delivered to the plaintiff - Though scope of enquiry by Sub..........
Hindu Marriage Act, 1955, Section 13(1)(b) -- Divorce - Cruelty - Proof - Held, appellant was given beatings by husband and her i, laws in lieu of demand of dowry - She was not provided adequate food and as a result malnutrition, the appellant and her daughter fell ill during the period of her stay with the respondent - These facts itself amount to harassment and cruelty...........
Indian Penal Code, 1860, Section 302, 392 -- Robbery and murder - Proof - Circumstantial evidence - Prosecution evidence that recovery of gold ornaments belonging to deceased at the instance of accused - Evidence produced to establish presence of accused near place of occurrence, at or about the time of commission of crime has also been found to be irrelevant because..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - When an accused has to rebut the presumption u/s 139 of the Act, the standard of proof for doing so is that of "preponderance of probabilities" - Therefore, if accused is able to raise a probable defence which creates doubts about the existence of a legally recoverable debt..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deeds - Not bona fide - Proof - Total area of plot 4 katha 11 dhur - One of the descendants of a co-sharer who had only 1/3rd share in that plot sold entire 4 katha 10 dhur - Held, there appears to be no perversity in concurrent findings of both courts below discarding sale deeds as suspicious and not..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Proof - No charge u/s 120-B was framed against "S" - Recovery of a katta at his instance - No charge under Arms Act was framed against appellant "S" - Further, it is not prosecution's case that this katta was used to abduct PW1 - On the other hand, it is alleged that "R" was armed with such a weapon - Held,..........
